Principle Killing is not murder if it is committed in a sudden fight without pre meditation in a hea...........

Indian Penal Code (IPC) 1860 Others

Principle: Killing is not murder, if it is committed in a sudden fight without pre-meditation in a heat of passion upon a sudden quarrel.

Facts:X and Y were buying liquor from a liquor shop at 7 pm. Y abused X and there was quarrel between them. X told Y that he will not spare him and Y shouted that his house is adjoining the shop only and if X had the guts, he can come anytime. X went back to his shop which was nearby, procured a knife and went to Y‘s residence at 9 pm and stabbed him to death.

X has committed murder

X has not committed an offence of murder since it was committed in sudden fight in a heat of passion

X has not committed murder of Y because he had no enimity with Y

X has committed no offence.

Explanation:

For killing to not be murder it shall fulfill all of these following conditions-
1. Committed in a sudden fight
2. Without premeditation
3. In a heat of passion
4. Upon sudden quarrel
In the given case, X had the time for premeditation thus all the conditions of the murder are not fulfilled.
Thus he will not get the benefit of the exception.